Ephox_-_J_&_A_-_(fully_executed).pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.302-1

FOR: EPHOX EDITLIVE! SOFTWARE SUPPORT SUBSCRIPTION

1. Identification of the agency and the contracting activity and specific identification of the document as a limited source justification

● Contracting Activity: General Services Administration (GSA)

Acquisition Operations Branch (ITAB) Office of Internal Acquisition (OIA) 1800 F Street NW Washington, DC 20405

● Agency: General Services Administration (GSA) Office of the Chief Information Officer (OClO)

1800 F Street NW Washington, DC 20405

2. Nature and/or description of the action being approved.

The statutory authority permitting other than full and open competition is implemented by FAR 6.302-1 and approval is sought herein to purchase Ephox Corporation for EditLive! Support Subscription.

3. Description of required services

The GSA Office of CIO IAGC requires Ephox Edit Live! Maintenance, upgrade and support for its existing content management system (CMS) for GSA’s primary external and internal websites, www.gsa.gov and InSite.gsa.gov. The existing CMS includes WYSIWYG editing using the Ephox Edit Live Product and is used across all http://www.gsa.gov/

GSA components including FAS, OGP, PBS, and staff offices.

GSA needs a tool that automates 508 compliancy checks, provides an interface for image uploads and inserting HTML code for content on the InSite websites.

The need for this tool is critical as it is embedded into the open source platform and used to manage content by managing editors inside the CMS. The enterprise license allows the tool to be run on an unlimited number of computers for an unlimited number of GSA users inside the CMS.

● Contemplated Contract Type: A firm fixed-price purchase order

● Proposed Approach under Consideration: GSA intends to make a sole source award to Ephox Corporation. Thus far, we were able to determine Ephox Corporation as the only known source that can meet the government’s minimum needs. No other capable sources were found during market Research. However, GSA intends to solicit quotes by posting an RFQ on FedBizOpps to see if other capable vendors exist.

● Period of Performance (POP): 07-01-2017 through 06-30-2018

● Estimated Cost: $18,500.00

ITEM DESCRIPTION MFR

UNIT

OF

ISSUE QTY

UNIT

PRICE

EXTENDED

PRICE

EMEA EditLive! Enterprise Edition Processor License For End-User Usage Only. A Processor is Defined as up to 2 Cores. For multi-cores, every 2 cores will equal 1 processor. Licensed for 7 processors. (Production VM Server & Active Redundant VM Server).

This is a 12 Month Renewal of Upgrade and Support Subscription.

POP: 07-01-2017 - 06-30-2018

Ephox Corporation

Each 7

Total:

4. Identification of statutory authority

The statutory authority permitting other than full and open competition is 41 USC-

253(C)(l)and GSA has determined that there is only one responsible source and no other source will satisfy agency requirements. Specifically, the basis for other than full and open competition is that the minimum need can only be satisfied by one supplier with unique capabilities in accordance with FAR 6.302-l(b)(l)(i).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

GSA has determined that there is only one responsible source (Ephox Corporation) with the ability to satisfy the agency’s needs. Specifically, the basis for other than full and open competition is that the minimum needs can only be satisfied by suppliers of the Ephox product, the specific brand name product, in accordance with FAR 6.302- 1(c). This requirement is ongoing software maintenance and support including software bug fixes and upgrades. Soliciting another firm with a similar product, would result in GSA having to retool their current CMS implementation, resulting in substantial delays and increased costs that the Government would not be able to recover.

6. Description of efforts to solicit as many offers as practicable

Market research indicated that Ephox Corporation does not have any known authorized dealers or resellers. The Government works directly with Ephox Corporation. Since this is a maintenance renewal of Ephox EditLive! and there are no known resellers or dealers, Ephox Corporation is determined to be the only known responsible source to satisfy the agency’s needs.

Note: At this time, the software it is not available on GSA Schedule or on any

Government-Wide Acquisition Contract (GWAC). Therefore, a notice/Request for Quote will be publicized IAW FAR 5.2 on FedBizOpps with the intent to sole source to Ephox Corporation and to see if other capable vendors exist.

7. Demonstration that the anticipated cost will be fair and reasonable

Pricing will be determined fair and reasonable based on adequate price competition if received from two or more responsible offers, competing independently submit priced offers that satisfy the Government’s expressed requirement.

Pricing can/will also be compared to the vendor’s commercial price list, previous procurements, and to the Independent Government Cost Estimate (IGCE).

8. Description of market survey conducted

Review of GSA Advantage online catalog was used to assist in the market research process and thus concluded that this requirement can only be procured open market directly through the manufacturer Ephox Corporation.

9. Other facts supporting the use of other than full and open competition

No other known sources are available in the marketplace today for the requirements GSA needs.

10. List of sources that expressed an interest in the acquisition

Ephox Corporation (incumbent)

11. A statement of the actions to overcome any barriers to competition.

There are no additional actions which can be taken.

12. The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

By signing this justification the Contracting Officer certifies that the facts and statements made are accurate and complete.

Certification and Approvals

Program/Technical Official Certification

I hereby certify that the information contained in this Justification and Approval for Other that Full and Open Competition, for acquiring support for IT programs are complete to the best of my knowledge and belief and is in the best interest of the Government.

____________________ Date:____3 May 2017_______ Ken Konzen

COR

Contracting Officer’s Certification

I hereby certify that the information contained in this Justification and Approval for Other that Full and Open Competition, for acquiring brand name (Ephox Corporation) is accurate and complete to the best of my knowledge and belief and is in the best interest of the Government.

X Denise D. Young Contracting Officer